Page:United States Statutes at Large Volume 100 Part 5.djvu/169

 PUBLIC LAW 99-651—NOV. 14, 1986

100 STAT. 3643

"(3) Private attorneys shall be appointed in a substantial proportion of the cases. Each plan may include, in addition to the provisions for private attorneys, either of the following or both: "(A) Attorneys furnished by a bar association or a legal aid agency. "(B) Attorneys furnished by a defender organization established in accordance with the provisions of subsection •

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(2) Subsection (b) is amended— (A) in the second sentence— (i) by striking out "In every criminal case" and all that follows through "violation of probation and" and inserting in lieu thereof "In every case in which a person entitled to representation under a plan approved under subsection (a)"; and (ii) by striking out "defendant" and inserting in lieu thereof "person'; (B) in the third sentence by striking out "defendant" each place it appears and inserting in lieu thereof "person"; and (C) in the fifth sentence by striking out "defendants" and inserting in lieu thereof "persons". (3)(A) Subsection (d)(1) is amended by striking out "court. Such attorney" and inserting in lieu thereof "court, unless the Judicial Conference determines that a higher rate of not in excess of $75 per hour is justified for a circuit or for particular districts within a circuit, for time expended in court or before a United States magistrate and for time expended out of court. The Judicial Conference shall develop guidelines for determin- Regulations, ing the maximum hourly rates for each circuit in accordance with the preceding sentence, with variations by district, where appropriate, taking into account such factors as the minimum range of the prevailing hourly rates for qualified attorneys in the district in which the representation is provided and the recommendations of the judicial councils of the circuits. Not less than 3 years after the effective date of the Criminal Justice Act Revision of 1986, the Judicial Conference is authorized to raise the maximum hourly rates specified in this paragraph up to the aggregate of the overall average percentages of the adjustments in the rates of pay under the General Schedule made pursuant to section 5305 of title 5 on or after such effective date. After the rates are raised under the preceding sentence, such maximum hourly rates may be raised at intervals of not less than 1 year each, up to the aggregate of the overall average percentages of such adjustments made since the last raise was made under this paragraph. Attorneys". rfjumnl (B) Subsection (d)(2) is amended— (i) in the first sentence— (I) by striking out "$2,000" and inserting in lieu thereof "$3,500"; and (II) by striking out "$800" and inserting in lieu thereof "$1,000"; (ii) in the second sentence by striking out "$2,000" and inserting in lieu thereof "$2,500"; and (iii) by striking out the third sentence and inserting in lieu thereof the following: "For any other representation required or authorized by this section, the compensation

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